📄 Contempt hearing: Darden — Thursday, February 23, 1995
Address:
C:\DEPT103\CRIMINAL\1995\FEB\23\CONTEMPT-HEARING-DARDEN.DOC
TRIAL
▲ Day 24 of 167

Contempt hearing: Darden

Date: Thursday, February 23, 1995 • Utterances: 31
Judge Ito cited Christopher Darden for contempt after Darden ignored three court admonitions during a sidebar. Marcia Clark attempted to speak on Darden's behalf, arguing his conduct was provoked by Cochran's cross-examination, but Ito repeatedly cut her off — he wanted an apology, not an excuse. The hearing ended with Ito giving both Darden and Clark ten minutes to reconsider their posture before the matter escalated further.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, OUT OF THE PRESENCE OF THE JURY:)
2 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN. THANK YOU, LADIES AND GENTLEMEN. BE SEATED. MR. LANGE, YOU CAN STEP DOWN.

3 (BRIEF PAUSE.)
4 THE COURT:

THE RECORD SHOULD REFLECT THE JURY HAS WITHDRAWN TO THE JURY ROOM. MR. DARDEN, LET ME GIVE YOU A PIECE OF ADVICE. TAKE ABOUT THREE DEEP BREATHS, AS I AM GOING TO DO, AND THEN CONTEMPLATE WHAT YOU ARE GOING TO SAY NEXT. DO YOU WANT TO TAKE A RECESS NOW FOR A MOMENT?

5 MR. DARDEN:

I DON'T REQUIRE A RECESS, YOUR HONOR.

6 THE COURT:

I WILL HEAR YOUR COMMENTS AT THIS POINT. I HAVE CITED YOU. DO YOU HAVE ANY RESPONSE?

7 MR. DARDEN:

I WOULD LIKE COUNSEL, YOUR HONOR.

8 THE COURT:

YOU CAN HAVE COUNSEL. YOU HAVE COUNSEL. DO YOU WANT TO CALL YOUR COUNSEL? DO YOU WANT TO HAVE SOMEBODY FROM YOUR APPELLATE DIVISION COME DOWN?

9 MS. CLARK:

I WOULD LIKE TO BE HEARD ON MR. DARDEN'S BEHALF, YOUR HONOR.

10 THE COURT:

DO YOU REPRESENT MR. DARDEN IN THIS MATTER?

11 MS. CLARK:

I DON'T KNOW IF I'M LEGALLY ENTITLED TO, BUT I WOULD LIKE TO BE HEARD ON HIS BEHALF.

12 THE COURT:

ALL RIGHT.

13 MS. CLARK:

WHAT WE ARE ALL CONCERNED ABOUT HERE, YOUR HONOR, IS THAT THERE IS A METHOD OF CROSS-EXAMINATION THAT IS BEING CONDUCTED BY MR. COCHRAN.

14 THE COURT:

THAT IS NOT WHAT I'M INTERESTED IN, MISS CLARK.

15 MS. CLARK:

BUT THAT IS THE IMPETUS FOR THE EXCHANGE AT SIDE BAR, YOUR HONOR, AND WE ARE, ALL OF US, GREATLY CONCERNED ABOUT WHAT THE JURY IS GETTING.

16 MR. COCHRAN:

YOUR HONOR, I OBJECT TO THIS.

17 MS. CLARK:

THAT IS THE IMPETUS.

18 THE COURT:

MISS CLARK, MISS CLARK.

19 MS. CLARK:

THAT IS WHAT LED TO --

20 THE COURT:

I DON'T WANT TO HEAR THIS.

21 MS. CLARK:

-- THE EXCHANGE AT SIDE BAR, YOUR HONOR.

22 THE COURT:

NO. MISS CLARK, I DON'T WANT TO HEAR ABOUT THAT. I'M NOT INTERESTED IN THAT. I'M INTERESTED IN THE REFUSAL TO AVOID -- EXCUSE ME. THE REFUSAL TO OBEY THE COURT'S ORDER NOT TO ADDRESS THAT ISSUE, NOT TO SPEAK TO THE COURT AS I WAS HEARING FROM ONE COUNSEL, NOT TO INTERRUPT THE COURT AND THE COURT GAVE THREE ADMONITIONS AND MR. DARDEN CHOSE TO IGNORE THOSE.

23 MS. CLARK:

MR. DARDEN WAS NOT -- DID NOT CHOOSE TO IGNORE THEM. I THINK MR. DARDEN WAS SIMPLY AT THAT TIME OVERCOME WITH WHAT HAS BEEN TRANSPIRING WITH MR. COCHRAN'S CROSS-EXAMINATION. IT WAS NOT A DESIRE TO FLAUNT THE COURT'S AUTHORITY, ALTHOUGH I POINT OUT TO THE COURT THAT THE COURT'S ORDER TO STOP AND DESIST HAS BEEN IGNORED BY THE DEFENSE TIME AND TIME AND TIME AGAIN WITH NO CITATION. NO CITATION. MR. DARDEN IS SIMPLY RESPONDING TO THE EVENTS THAT HAVE BEEN OCCURRING IN THIS COURTROOM TODAY AND HAD BEEN OCCURRING THROUGHOUT CROSS-EXAMINATION. I MYSELF HAVE BECOME OVERWHELMED BY THE FACT THAT THE JURY HAS BEEN GIVEN HEARSAY, HAS BEEN GIVEN, AND THE RECORD WILL STAND BY WHAT I SAID, SLOP, IN THE FORM OF COUNSEL TESTIFYING BEFORE EVERY WITNESS.

24 THE COURT:

COUNSEL, DIDN'T I JUST TELL YOU I DIDN'T WANT TO HEAR THAT? I AM INTERESTED IN A CONTEMPT PROCEEDING.

25 MS. CLARK:

AND IF THE COURT WOULD LIKE TO SET THE MATTER FOR OSC, THEN WE WILL PROCEED TO OSC. I DON'T THINK IT IS REQUIRED. I THINK --

26 THE COURT:

NO, IT IS NOT REQUIRED. I CAN DO IT SUMMARILY. DO YOU WANT TO PUSH IT TO THAT?

27 MS. CLARK:

NO.

28 THE COURT:

THEN HOW COME YOU HAVEN'T TAKEN THE OPPORTUNITY -- WHEN I INVITE COUNSEL TO TAKE THREE DEEP BREATHS AND THINK VERY CAREFULLY ABOUT WHAT THEY ARE GOING TO SAY TO THE COURT NEXT, THAT IS AN OPPORTUNITY TO GET UP AND SAY, "GEE, I'M SORRY, I LOST MY HEAD THERE, I APOLOGIZE TO THE COURT, I APOLOGIZE TO COUNSEL." WHEN I GET THAT RESPONSE, THEN WE MOVE ON. WHEN YOU TELL THE COURT YOU WANT TO HAVE AN ORDER TO SHOW CAUSE, THAT IS A DIFFERENT RESPONSE. THAT SAYS YOU WANT TO FIGHT. DO YOU WANT TO FIGHT SOME MORE WITH THE COURT? YOU ARE WELCOME TO DO SO. I'M GOING TO TAKE A RECESS AND I'M GOING TO GIVE YOU AND MR. DARDEN AN OPPORTUNITY TO THINK ABOUT THIS CAREFULLY WITH ABOUT TEN DEEP BREATHS PERHAPS. HAVE I MADE MYSELF CLEAR?

29 MS. CLARK:

YOU HAVE. SHALL I TAKE OFF MY WATCH AND MY JEWELRY?

KEY QUOTE
30 THE COURT:

TEN MINUTES.

31 (RECESS.)

Temperature

tense

Key Quotes (4)

Lance A. Ito
WHEN I GET THAT RESPONSE, THEN WE MOVE ON. WHEN YOU TELL THE COURT YOU WANT TO HAVE AN ORDER TO SHOW CAUSE, THAT IS A DIFFERENT RESPONSE. THAT SAYS YOU WANT TO FIGHT. DO YOU WANT TO FIGHT SOME MORE WITH THE COURT?
Ito lays out the binary clearly — apology or escalation — and signals he is prepared to go much further if pushed.
Marcia Clark
YOU HAVE. SHALL I TAKE OFF MY WATCH AND MY JEWELRY?
Dark humor implying she expected to be jailed; the only light moment in an otherwise tense proceeding.
Marcia Clark
MR. DARDEN WAS SIMPLY AT THAT TIME OVERCOME WITH WHAT HAS BEEN TRANSPIRING WITH MR. COCHRAN'S CROSS-EXAMINATION. IT WAS NOT A DESIRE TO FLAUNT THE COURT'S AUTHORITY.
Clark's mitigation argument — passion, not defiance — which Ito rejected as beside the point.
Lance A. Ito
I'M INTERESTED IN THE REFUSAL TO OBEY THE COURT'S ORDER... THE COURT GAVE THREE ADMONITIONS AND MR. DARDEN CHOSE TO IGNORE THOSE.
Ito's precise statement of the contempt basis — not what Darden said, but that he kept saying it after being told to stop.

Notable Exchanges (2)

Lance A. ItoMarcia Clark
Clark repeatedly tried to frame Darden's contempt as a reaction to Cochran's improper cross-examination; Ito cut her off each time, insisting he was not interested in the underlying dispute — only in Darden's defiance of direct orders.
tense
Lance A. ItoMarcia Clark
Ito offered an implicit off-ramp — a simple apology — but Clark's response veered toward requesting an OSC, which Ito read as choosing to escalate. He called a ten-minute recess to give them a chance to reconsider.
strategic

Light Moments (1)

Marcia Clark
After Ito asked if he had made himself clear and called a ten-minute recess, Clark quipped 'SHALL I TAKE OFF MY WATCH AND MY JEWELRY?' — a reference to surrendering belongings before being jailed.

Objections

1 objections (0 sustained, 0 overruled)
Proceeding 4926 • 31 utterances
Criminal Trial
Department 103
⚖️ Start
📂 FEB 23, 1995 📄 Contempt hearing: Darden
FEB 23, 1995 KRT DvH TD